New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-06-07
TO TEST The Ia " ~ COURT.
WARRANTS ISSUED FOR HoTELKEEPERs.

C. n Villas. OF THE FIFTH AVENUE, AND J. H.
BREsLIN, OF TIE GILsEY, THE scAPEGoATs.
The yexed question of lquorselling at hotels sun
days is In a fair way a final settlement 1t Will. In all
likelihood 60 into the courts today and will probably
reach Judge Lawrence both sides anxious to have
the matter disposed of as possible As was orig
inay contemplated. there will be only two test
made James II. Breslin OF the Gisey House.
representing the hotels managed tho European
plan, and Hitchcock, Darling Co.. OF the Fifth Avenue
for those the American plan, will be the only persons
proceeded against 1t has not been thought necessary
to include the James, which also visited by Cap
tain Williams and which the European plan, ms is
decision rather penalty which Is sought and only
representative OF each system necessary The Gsey
House propre to be charged with serving wine to
transient guest in the restaurant in the OF the
Fifth Avenue the charge selling liquor to permanent
guest CAPTAIN Williams yesterday obtained warrants Of
arrest IN the Jefferson Market Police Court for Charles "
Villas OF the Fifth Avenue Hotel and James H. Bresln,
and the defendants will be brought before Judge Law
renee in the Supreme Court writ of habeas corpus
The Law violated No. II of the Excise law OF
1857 amended in s73, orhidding inn. tavern or hotel
Keepers Other persons TO sell or give away intoxcat
ing liquors sundays election daysetc., under
penalty OF fine OF not less than $50 more tnan $780,
or imprisonment for not less than five or moro than my
DAYS or both side by side with this law there exists an
old sunday Observance iaw enacted about 1913. This
provides That keeper OF any kind Of tavern or Of any
ae-hOuse p0rter-hOuse or grocery, nor any olhrI
rcrsnn authorized to retail strong sprituous liquors.
shall sunday sell dispose of ac porter strong
spiItuous liquors, eg 10 t1dgrs IA such mus or
taycrns persons actually travelling on that day In
the eases allowed nv Jaw" The penalty for violation Is
a rinng line OF - 80. This seems To allow sackenng
OF the law tAe of resident guests and bonahdc
travellers.
Colonel Ingerso will argue his on the broad basis
that 10 Is unconstitutional 10 exercise close supervision
OF "a mans home under section OF the Excise
statute, that would 10 warrant The ponce
breaking In on I'm his own house
al his SUNDAY dinner and afresting min II no IL found
serving wine his family guests The Colonel viii
urge that "a hotel Is mans home much a. private
house and that the authorities arc no more Justified IN
interfering with the former than IN The latter
G. Gottschals attorney for the Brooklyn Liquor Deal
ers Association OF the Western District intends TO watch
with close attention for the benefit oi his ell
ents lie SAYS that Corporation Counsel Lacombe has
been asgcd 10 an Informal how a hotel guest
legally be prevented from having wine which he has
bought during the week. served at his sunday dinner
aud has made reply. But NL Gottschaks private
opinion Is that there is getting tile statute as II
stands far actual sunday selling u concerned
The Fifth and Ciscy House "scapegoats' look
forward trial with equanimity. SAID
j. II. Brcsln a TRiBU 81 reporter yesterdays I'VE
feel that proper cOnstru ton ~ that law would allow
us 10 guests with wine sunday. and be
authorities shOuld put that construction on u
which Is backed by Corporation Counsel lacombcs
opinion"
Charles v Villas. OF the FIN Avenue seemed also con
ndent OF the justice OF the hotel keepers cause T. L.
Merred OF tle Continental has great faith In the aDi
y OF Colonel fnEcrsOl 10 pail them through SAID ne
last night: 1.-THE Colonel will do bis duty"